Oberreuter et al v. City of La Center

Filing 58

ORDER to Remand Case to Clark County Superior Court; signed by Judge Ronald B. Leighton. (DN)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JOANNE OBERREUTER, et al,

CASE NO. C13-5929 RBL

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Plaintiffs,
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v.

ORDER REMANDING MATTER TO
CLARK COUNTY SUPERIOR
COURT

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CITY OF LA CENTER,
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Defendant.
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THIS MATTER is before the Court on its own motion. The Plaintiffs filed this action in

15 Clark County Superior Court in October of 2013. The City of La Center removed the matter to
16 this Court later that month. The complaint asserts a number of state-law claims and a 42 U.S.C. §
17 1983 takings claim. The City’s sole basis for removal was the § 1983 federal question.
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The removal was not questioned until this Court, on its own motion, asked the parties to

19 brief the issue of whether the Oberreuters’ § 1983 takings claim is ripe in light of Williamson
20 County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172, 105
21 S.Ct. 3108 (1985), and its progeny. In their briefs, both parties agree that the Oberreuters’ § 1983
22 takings claim is not yet ripe, so the scheduled March 20, 2015 hearing is unnecessary and is
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ORDER REMANDING MATTER TO CLARK
COUNTY SUPERIOR COURT - 1

1 stricken. Because this Court lacks subject matter jurisdiction and removal was improper, this
2 matter is REMANDED to Clark County Superior Court.
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IT IS SO ORDERED.

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Dated this 9th day of March, 2015.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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ORDER REMANDING MATTER TO CLARK
COUNTY SUPERIOR COURT - 2